Note

Stage Details

Title: Restricts Certain Types of Touching During Searches by Government Officials

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that prohibits public servants from searching individuals seeking to access public buildings or public transportation without their consent, and from intentionally touching certain body parts during a search.

Highlights:

Prohibits a public servant from committing certain actions while performing his or her assigned job duties including, but not limited to, the following (Sec. 1):

Performing a search without effective consent for the purpose of granting access to a public building or form of public transportation; and

Intentionally, knowingly, or recklessly touches the anus, sexual organ, buttocks, or breast of another person, including touching through clothing.

Defines "public servant" as any of the following (Sec. 1):

An officer, employee, or agent of the United States;

An officer or employee of another person acting under contract with a branch, department, or agency of the United States for the purpose of providing a security or law enforcement service; or

Any other person acting under color of federal law.

Specifies that consent is only effective if all of the following occur immediately before the search is commenced (Sec. 1):

The public servant provides a verbal description of the area to be searched and the method to be used in the search; and

The person to be searched, or the person's parent or guardian, verbally consents to the search.

Representative Bohac intended to vote "yea," but he was temporarily absent from the House chamber.

Note:

NOTE: THIS IS A SECOND READING VOTE TO CUT OFF DEBATE ON THE BILL AND ADVANCE IT TO THE THIRD READING IN WHICH AN UP-OR-DOWN VOTE FOR PASSAGE WILL OCCUR.

Legislation -
Bill Passed
(Senate)
(20-11) -
June 27, 2011(Key vote)

Title: Restricts Certain Types of Touching During Searches by Government Officials

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that prohibits public servants from searching individuals seeking to access public buildings or public transportation without their consent, and from intentionally touching certain body parts during a search.

Highlights:

Prohibits a public servant from searching an individual seeking to access a public building or public transportation if the public servant (Sec. 1):

Performs the search without the individual's effective consent; or

Intentionally, knowingly, or recklessly touches the anus, sexual organ, buttocks, or breast of the individual, including touching through clothing.

Defines "public servant" as any of the following individuals (Sec. 1):

An officer, employee, or agent of the United States;

An officer or employee of another person acting under contract with a branch, department, or agency of the United States for the purpose of providing a security or law enforcement service; and

Any other person acting under Federal law.

Specifies that consent is effective only if the following occur immediately before any search (Sec. 1):

The public servant provides a verbal description of the areas to be searched and the method to be used in the search; and

The public servant receives consent for the search from the individual to be searched, or from the individual's parent or guardian.